Johannesburg – Victims of lead poisoning allegedly caused by Anglos negligence with regard to the former Anglo-American groups Kabwe mine in Zambia will put their case before the High Court of South Africa today, Friday, 20 January 2023.
The landmark certification hearing will determine whether around 140 000 lead poisoned women and children in Zambia, dubbed “the Children of Kabwe”, can bring class action proceedings against Anglo-American South Africa Ltd (Anglo).
The court will hear that the town of Kabwe and the surrounding areas rank among the world’s most polluted places.
Kabwe was left with extreme levels of lead pollution after nearly 50 years of metal mining and smelting operations that were subject to Anglos management and/or technical advice and supervision between 1925 and 1974.
However, in its defence, Anglo is expected to stick to its previously stated stance of blaming Zambia Consolidated Copper Mines (ZCCM) – the state-owned company that took over the mine in 1974.
Anglo accuses ZCCM of negligence that resulted in high levels of pollution.
Court papers show that lawyers for the victims will argue that this involvement, rather than the precise level of Anglos investment or shareholding in the mine, is relevant to legal liability.
During this period, Anglo made substantial profits.
The case, which is being brought by 12 representative plaintiffs on behalf of the class, claims that around 140 000 Zambian women and children have suffered lead poisoning, which caused and continues to cause brain damage and puts some children at risk of death.
Two of the representatives (both aged under two at the time of filing the application) had blood lead levels in excess of 100 ug/dl and eight had Blood Lead Levels (BLLs) in excess of 45ug/dl.
Lead accumulated during childhood is stored in the bones and released during pregnancy, putting the mother at significant risk of adverse health effects such as hypertension and miscarriage.
Lead also crosses the placenta, poisoning the foetus.
International standard-setting bodies, including the WHO and the US CDC conclude that there is no safe level of lead.
BLLs as low as 3.5µg/dl lead can cause cognitive impairment and behavioural problems.
High levels of lead can cause irreparable brain damage, kidney damage, and even death.
Average BLLs in children in the communities closest to the mine are more than 10 times higher than this limit.
However, indications are that Anglo will be applying to exclude evidence from two eminent US medical professors who have filed papers on the effects of low-level lead exposure.
Studies conducted in the Kabwe area over the past 20 years have found that 80% of young children sampled had BLLs over 5 µg/dL.
In the villages close to the mine, the average BLLs of young children exceeded 45 ug/dl, the level at which significant medical treatment is required.
Lawyer for some of the plaintiffs Zanele Mbuyisa, Founding Partner at Mbuyisa Moleele Attorneys, said the court hearing scheduled to be heard over eight days, will consider whether the case should proceed as a class action.
Meanwhile, the UN-appointed human rights experts are expected to intervene in the case.
